46 Ga. App. 353 | Ga. Ct. App. | 1933
This was a suit on contract, for damages against an administrator. The petition alleges: that the plaintiff entered into a parol agreement with defendant’s intestate, whereby he purchased a described tract of land, to be paid for by the delivery of 45 bales of cotton over a period of four years; that he entered into possession of the bargained premises, made valuable improvements thereon, and delivered the stipulated number of bales of cotton to the intestate, who died, however, just prior to consummating his purpose of executing a deed to the premises. He alleges that after the death of the intestate he attempted to get the defendant administrator to make him a deed to the premises, but that the administrator refused to do so, and, “over the protest of your petitioner,” took possession of the premises, and “did receive rent for said farm from your petitioner.” The administrator thereafter sold the farm at administrator’s sale for the sum of $2,610, and executed to the purchaser at the sale a deed to the premises. The plaintiff alleges that the conduct of the administrator was a breach of the contract between himself and the decedent, and sues thereon to recover from the estate the alleged value of the cotton delivered, to wit $5,400. The court sustained a general and special demurrer, and the plaintiff excepted.
The petition indisputably indicates that subsequent to the death of the intestate there was either an abandonment or a rescission of the original contract of purchase and sale on the part of the plaintiff, the alleged purchaser. This is made clear when it is averred that the plaintiff, though occupying the land at the time oE
The court did not err in sustaining the demurrer.
Judgment affirmed.